ISFAPP00705

• Case Number: 80CW0318
• Stream Name: Three Forks Creek
• Watershed: Rifle Creek
• Water Division: 5
• Water District: 39
• County: Garfield
• Instream Flow App - Doc Type: Final Decree/Stipulations

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80CW318

7. The date of initiation of appropriation is May 7, 1980.

8. 'l'he amount of wnter claimed is:
per second of time.

3.0 cubic feet of water

9. The water was first applied to the above beneficial use
on May 7, 1980, by action of the Colorado vlater Conservation Board
under the provislons of C.R.S. 1973, 37-92-102(3), 37-92-103(3),
(4) and 110).

10. This appropriation is made under the provisions of
C.R.S. 1973, 37-92-102(3), 37-92-103(3), (4) and (10), known as
Senate Bill 97/ si.gned into law April 23, 1973.

11. Statements of Opposition were timely filed by the Silt
vlater Conservancy DistricL and by the United States of America, and
as a resultl on November 28, 1980, the application was re-referred
by the Water Referee to the Water Judge for Water Division No.5.

12. The Statement of Opposition o.f the Silt Water Conservancy
District was subsequently withdra\vn, and the Statement of Opposition
of the Unitc(l St<-lt(;S of l\mcrict\ \;Jus withdrawn by stipulation, the
pertinent lJ<lrts of \vhich nre .includ~d in this RUling of Heferee.

The Referee does thereft1rc concll!de tha.t the above entitled

app lie;) tion shou ld be qra n tcd ilnd tha t 3.0 cubic fee t of \-la ter per

second of time are hereby awarded for the purpose of maint,aining a
minimum stream flow as reqllin~d to preserve the natural environment

to a reasonable degree Qn Three Forks Creek, between the beginning

and end points as described in paragraph 5 above, with appropriation

date of the 7th day of /'>1<1Y, 1980, absolutely and unconditionally;

subject, however, to the follO\ving stipulated agreement;

(a) Applicant's rights <Ire subject to all such rights of
the United StCltes of Americi1 in the subject sonrce, including
reserved rights, ilS are now or will hereafter be determined by law
to be senior.

(b) Applicant shall apply for any special use permits or
rights-af-way, uS the case may be, if the same are required by
law for the use of puhlic resour.ces contemplated by t.he subject
application ,Jnd shall abide by the conditions set forth therein,

and sllbject to all earJ.ier pri()yity riyhts of others and to the

int:egration und tabu.lation by the Uivision Enqi.nep.t" of sLIch prior-

ities and challrJes of riqhts in acc()t'donce with law; and provided

further that tile applic(1nt herein Hill construct and maintain at

its expense i1 sllito.hle mC:lsur.i.ng device or gauging station as

approved hy the ~,t<ltG P;nq.i..neer or his represE'nti'l.tive for the purpose

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